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RTP LLC v. ORIX REAL ESTATE CAPITAL, INC.

Nos. 14-3671 & 15-1153.

827 F.3d 689 (2016)

RTP LLC and RSCD Opportunity Fund I, LLC (formerly known as Inheritance Capital Group, LLC), Plaintiffs-Appellants, v. ORIX REAL ESTATE CAPITAL, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 2016.

Rehearing and Rehearing En Banc Denied July 29, 2016.

Attorney(s) appearing for the Case

Paula K. Jacobi , Attorney, Barnes & Thornburg LLP, Chicago, IL, for Plaintiffs-Appellants.

David T. Audley , Michael T. Benz , Attorneys, Chapman & Cutler LLP, Chicago, IL, Defendant-Appellee.

Before WOOD, Chief Judge, and EASTERBROOK and RIPPLE, Circuit Judges.

ORIX Real Estate Capital made a loan of about $41 million to RTP, enabling it to buy a commercial building in North Carolina. The loan is nonrecourse, but both RTP and Inheritance Capital Group signed conditional guarantees that take effect if the borrower commits a default. (Inheritance has a new name, but we use the...

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